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An LLC operating agreement is not required in Texas, but is highly recommended. This is an internal document that establishes how you will run your LLC. It sets out the rights and responsibilities of the members and managers, including how the LLC will be managed.
How to Form an LLC in Texas (6 steps)Step 1 Registered Agent.Step 2 LLC Type.Step 3 File for Registration.Step 4 Pay the Fee.Step 5 Operating Agreement.Step 6 Employer Identification Number (EIN)
If you do not get an operating agreement, your LLC will be governed by the Texas Limited Liability Act. However, these statutes are skeletal in substance and clumsy in their application.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Texas does not require an SMLLC to have an operating agreement. However, even though an SMLLC has just one member, an operating agreement is highly recommended. An SMLLC operating agreement does not need to be filed with the state. The operating agreement is usually made between the single member and the LLC itself.